HomeMy WebLinkAboutRDA MCAS RDA PLAN 08-16-93DATE:
AUGUST 16, 1993
RDA NO. 6
8-16-93
Inter-Com
TO: WILLIAM A. HUSTON, EXECUTIVE DIRECTOR
FROM: COMMUNITy DEVELOPMENT DEPARTMENT
SUBJECT: PROPOSED CONTRACT FOR PREPARATION OF A REDEVELOPMENT PLAN FOR
THE TUSTIN MARINE CORP AIR STATION
RECOMMENDATION
It is recommended that the Redevelopment Agency appropriate $67,400
from the South Central Redevelopment Project Area Capital Projects
Fund and approve the attached contract with Katz Hollis for the
preparation of a redevelopment plan for the Marine Corp Air
Station, Tustin.
FISCAL IMPACT
Cost to the Redevelopment Agency for the preparation of a
redevelopment plan under this contract will be $67,400. All costs
will be allocated to the South Central Redevelopment Project Area
Capital Projects Fund and recovered from the tax increment from the
new project area.
BACKGROUND AND DISCUSSION
In 1991, the Federal Government made the decision to close the
Marine Corp Air Station, Tustin (MCAS, Tustin, hereinafter referred
to in this report as the "Base"). Over the past eleven months, the
City has retained consultants who, under direction of staff, have
been working with the Base Closure Task Force to identify the
opportunities and constraints on the Base and to develop a Re-use
Specific Plan for the Base and an accompanying Environmental Impact
Statement/Report (EIS/EIR). The Specific Plan and the EIS/EIR are
expected to be completed in the summer of 1994.
As part of our background analysis of the existing site conditions
at the Base, and the potential opportunities for reuse, staff and
the city's consultant team have found that the Base will require
the improvement of major infrastructure facilities, removal of
significant amounts of toxic wastes as well as substantial
demolition of facilities not suitable for use by the private
sector.
With the anticipated closure of the Base, staff began very early in
the Base Re-use Study process to consider the creation o= a new
Redevelopmen% Agency Report
Contract for Redevelopment Plan
for Marine Corps Air Station, Tustin
August 16, 1993
Page 2
redevelopmenn project area, for the Base, as a major source of
revenue for -he improvement of the infrastructure as well as the
demolition cf facilities. However, there was a concern and a
question about whether the site met the requirement under the
Community Redevelopment Law that the proposed project area be
"predominantly urbanized". This means that not less than 80% of
the privately-owned property proposed for redevelopment meet one of
the following criteria:
.
Has been developed for urban uses;
Is characterized,by certain physical blight conditions;
or
Is an integral part of an area developed for urban uses.
An additional major concern was also the reference in the law to
"private owned property" and whether the Base would be excluded
from the urbanization test becaUse it was owned by the federal
government .....
Working thrcugh the City Attorney's Office, staff requested a
written legal opinion from Kane, Ballmer and Berkman, one of the
preeminent legal firms working in redevelopment in California,
regarding wkether the Base could be considered "predominantly
urbanized" within the meaning of Section 33320.1 of the California
Community Redevelopment_Law (Health and Safety Code Section 33000,
et seq.)
In response no this request, Kane, Ballmer and Berkman have issued
a written oFinion stating that the Base is considered urbanized
because of the uses on the base and uses surrounding the base. The
City Attorney has reviewed this opinion and concurs.
PROPOSED COA~f- RACT
Katz Hollis kas been in business since 1979. During that time, they
have prepared 30 feasibility studies for redevelopment plan
adoptions an~ have assisted 50 California cities in the preparation
an~ adoption of over 80 redevelopment plans and plan amendments.
Katz Hollis kas been the Agency's primary redevelopment consultant
since initially entering into an agreement with the Agency in 1986.
Under the proposed contract, Katz Hollis will provide all services
required for the adoption of a redevelopment plan including
preparation of a schedule of actions, preparation of all legally
Redevelopment Agency Report
Contract for Redevelopment Plan
for Marine Corps Air Station, Tustin
August 16, 1993
Page 3
required documents, legal notices, resolutions, ordinances and
other similar products. They will also provide staff with advice
and assistance in processing the documents and coordinating the
plan adoption process.
The contract will be based on a fixed fee for certain documents and
on a time and materials basis for certain administrative
coordination services. Their maximum fee will not exceed $67,400.
This fee can only be increased upon approval of the Agency and only
for additional services required beyond those outlined in the
contract.
A copy of the contract is attached, which includes the Katz Hollis
proposal.
RECOMMENDATION
It is recommended the Redevelopment Agency approve the contract
with Katz Hollis for the preparation of a redevelopment plan for
the Tustin Marine Corp Air Station and appropriate $67,490 from the
South Central Capital Projects Account for the ccst of the
contract. Once the final redevelopment plan is adopned by the
Agency, any costs incurred by the South Central Capital Projects
Fund for the creation of this project area will be recovered from
the new project area's tax increment.
RRie~vaer~o~im~.'tF~Jogram Manager
Christine A. Shingiet~'--' '
Assistant City Managez~-j
RZ: kbc\cckhcont. ~z
CONSULTANT SERVICES AGREEMENT
This Agreement for Contract Services (herein "Agreement"), is
made and entered into by and between the CITY OF TUSTIN COMMUNITY
REDEVELOPMENT AGENCY ("Agency"), and Ka%z Hollis("Consultant").
WHEREAS, Consultant is qualified to provide the necessary
services and has agreed to provide suck services; and
WHEREAS, Consultant has submitted %o Agency a proposal, dated
July 20, 1993, a copy of which is attached hereto as Exhibit "A",
and is by this reference incorporated herein as though set forth in
full hereat (the "Proposal").
NOW, THEREFORE, in consideration cf the premises and mutual
agreements contained herein, Agency agrees to employ and does
hereby employ Consultant and Consu2tant agrees to provide
consulting services as follows:
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms
and conditions of this Agreement, Consultant shall provide those
services specified in the "Proposal for Services" attached hereto
as Exhibit "A" and incorporated herein by this reference, (the
"services" or the "work"). Consultant warrants that all services
shall be performed in a competent, professional and satisfactory
manner in accordance with all standards prevalent in the industry.
1.2 Consultant's Proposal. The scope of services
shall include all the terms contained in Exhibit "A". In 'the event
of any inconsistency between the terms contained in Exhibit "A" and
the terms set forth in the main body of this Agreement, the terms
set forth 'in the main body of this Agreement shall govern.
1.3 Compliance with Law. Ail services rendered
hereunder shall be provided in accordance with all laws,
ordinances, resolutions, statutes, rules, and regulations of the
City of Tustin and of any federal, s%ate or local governmental
agency of competent jurisdiction.
1.4 Licenses and Permits. Consultant shall obtain at
its sole cost and expense such licenses, permits and approvals as
may be required by law for the performan-~ of the services required
by this Agreement.
1.5 Familiarity with Wcrk. By executing this
Contract, Consultant warrants that Consultant (a) has thoroughly
investigated and considered the work ~o be performed, (b) has
investigated the site of the work and become fully acquainted with
the conditions there existing, (c) has carefully considered how ~he
work should be performed, and (d) fully understands the facilities,
difficulties and restrictions attending performance of the work
under this Agreement. Should the Consultant discover any latent or
unknown conditions materially differing from those inherent in the
work or as represented by the Agency, Consultant shall immediately
inform Agency of such fact and shall not proceed with any work
except at Consultant's risk until written instructions are received
from the Contract Officer.
1.6 Care of Work. Consultant shall adopt and follow
reasonable procedures and methods during the term o£ the Agreement
to prevent loss or damage to materials, papers or other components
of the work, and shall be responsible for all such damage until
acceptance of the work by Agency, except such loss or damages as
may be caused by Agency's own negligence.
1.7 Additional Services. Consultant shall perform
services in addition to those specified in the Proposal when
directed to do so by the Contract Officer, provided that Consultant
shall not be required to perform any additional services without
compensation. Any additional compensation not exceeding ten
percent (10%) of the Contract sum must be approved in writing by
the Contract Officer. Any greater increase must be approved in
writing by the City Manager.
1.8 Special Requirements. Any additional terms and
conditions of this Agreement, are set forth in Exhibit "B" hereto,
"Special Requirements" and incorporated herein by this reference.
In the event of a conflict between the provisions of Exhibit "B"
and any other provision or provisions of this Agreement, the
provisions of Exhibit "B" shall govern.
2. COMPENSATION
2.1 Compensation of Consultant. For the services
rendered pursuant to this Agreement, the Consultant skall be
compensated and reimbursed only such amounts as are prescribed in
the Proposal and consistent with Exhibit C, schedule of
compensation.
2.2 Method. of Payment. In any month in which
Consultant wishes to 'receive payment, Consultant shall no later
than the first working day of such month, submit to Agency in the
form approved by Agency's Director of Finance, an invcice for
services rendered prior to the date of the invoice. Agency shall
pay Consultant for all expenses stated thereon which are approved
by Agency consistent with this Agreeme~ no later than %he last
working day of said month.
2.3 Chanqes. In the event any change or changes in
the work is requested by Agency, the parties hereto shall execute
an addendum to this Agreement, setting forth with particularity all
terms of such addendum, including, but not limited to, any
additional Consultant's fees. Addenda may be entered intc:
A. To provide for revisions or modifications to
documents or other work product or work when documents or other
work product or work is. required by the enactment or revision of
law subsequent to.the preparation of any documents, other work
product or work;
B. To provide for additional services not
included in this Agreement or not customarily furnished in
accordance with generally accepted practice in Consultant's
profession.
2.4 Payment for Chanqes. Approved change orders shall
be compensated at the personnel hourly rates prescribed in Exhibit
"C" hereto (where applicable, rates shall apply to travel time).
2.5 Statement of Costs. Pursuant to the provisions of
California Government Code Section 7550, the total amount expended
by Agency relating to the preparation of any report or documents
prescribed herein shall be set forth within the final edition
thereof, in a separate section, in a statement substantially as
follows:
Pursuant to California Government
Code Section 7550 the City of Tustin
expended the total amount of
$90,000.00 for the preparation of
this report and/or documents.
3. PERFORMANCE SCHEDULE
,.
3.1 Time of Essence. Time is of the essence in the
performance of this Agreement.
3.2 Schedule of Performance. Ail services rendered
pursuant to this Agreement shall be performed within any time
periods prescribed in any Schedule of Performance attached hereto
marked Exhibit "D". Extension of any time period specified in the
Exhibit "D" must be approved in writing by the Contract Officer.
3.3 Force Majeure. Time for performance of services
to be rendered pursuant to this Agreement may be extended because
of any delays due to unforeseeable causes beyond the control and
without the fault or negligence of the Consultant, including, but
not restricted to, acts of God or of a p~q01ic enemy, acts of the
government, fires, earthquakes, floods, epidemic, quarantine
restrictions, riots, strikes, freight embargoes, and unusually
severe weather if the Consultant shall within ten (10) days of %he
commencement of such condition notify the Contract Offirer who
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shall thereupon ascertain the facts and the extent of any necessary
delay, and extend the time for performing the services for the
period of the enforced delay when and if in the Contract Officer's
judgment such delay is justified, and the Contract Officer's
determination shall be final and conclusive upon the parties to
this Agreement.
3.4 .Term. Unless earlier terminated in accordance
with Section 7.7 of this Agreement, this Agreement shall continue
in full force and effect until completion of the services but no
later than December 31, 1994, unless extended by mutual written
agreement of the Agency and the Consultant.
4. COORDINATION OF WORK
4.1 Representative of Consultant. The following
Principal of the Consultant is hereby designated as being the
principal and representative of Consultant authorized to act in its
behalf with respect to the work specified herein and make all
decisions in connection therewith:
It is expressly understood that the experience,
knowledge, capability and reputation of the foregoing Principal is
a substantial inducement for Agency to enter into this Agreement.
Therefore, the foregoing Principal shall be responsible during the
term of this Agreement for directing all activities of Consultant
and devoting sufficient time to personally supervise the services
hereunder. The foregoing Principal may not be changed by
Consultant without the express written approval of Agency.
4.2 Contract Officer. The Contract Officer for the
Agency shall be the Director of Community Development unless
otherwise designated in writing by the City Manager. It shall be
the Consultant's responsibility to keep the Contract Officer fully
informed of the progress of the performance of the services and
Consultant shall refer any decisions which must be made by Agency
to the Contract Officer. Unless otherwise specified herein, any°
approval of Agency required hereunder shall mean the approval of
the Contract Officer.
4.3 Prohibition Aqainst Subcontractinq or Assiqnment.
The experience, knowledge, capability and reputation of Consultant,
its principals and employees were a substantial inducement for the
Agency to enter into this Agreement. Therefore, Consultant shall
not contract with any other entity to perform in whole or in part
the services required hereunder without the express written
approval of the Agency. In addition, neither this Agreement nor
any interest herein may be assigned or transferred, voluntarily or
by operation of law, without the prior written approval of Agency.
4.4 Independent Contractor. Neither the Agency nor
any of its employees shall have any control over the manner, mode
or means by which Consultant, its agents or employees perform the
-4-
services required herein, except as otherwise set forth herein.
Consultant shall perform all services required herein as an
independent contractor and shall remain at all times as to Agency
a wholly independent contractor with only such obligations as are
consistent with that role. Contractor shall not at any time or in
any manner represent that it or any of its agents or employees are
agents or employees of Agency.
5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance. Consultant shall procure and maintain,
at its cost, and submit concurrently with its execution of this
Agreement, public liability and property damage insurance against
all claims for injuries against persons or damages to property
resulting from Consultant's willful or negligent acts or
performance under this Agreement. Consultant shall also carry
workers' compensation insurance in accordance with California
worker's compensation laws. Such insurance shall be kept in effect
during the term of this Agreement and shall not be cancelable
without thirty (30) days written notice to Agency of any proposed
cancellation. A certificate evidencing the foregoing and
designating Agency as an additional named insured shall be
delivered to and approved by the Agency prior to commencement of
the services hereunder. The procuring of such insurance and the
delivery of policies or certificates evidencing the same shall not
be construed as a limitation of Consultant's obligation to
indemnify the Agency, its consultants, officers, and employees.
The amount of insurance required hereunder shall include
comprehensive general liability, personal injury and automobile
liability with limits of at least One Million Dollars ($1,000,000)
combined single limit per occurrence and professional liability
coverage with limits of at least Five Hundred Thousand Dollars
($500,000).
5.2 Indemnification. The Consultant shall defend,
indemnify and hold harmless the Agency, its officers and employees,
from and against any and all actions, suits, proceedings, claims,
demands, losses, costs, and expenses, including legal costs and
attorneys' fees, for injury to or death of person or persons, for
damage to property, including property owned by Agency, and for
errors and omissions committed by Consultant, its officers,
employees and agents, arising out of or related to Consultant's
willful or negligent acts or performance under this Agreement,
except for such loss as may be caused by Agency's own negligence or
that of its officers or employees.
6. RECORDS AND REPORTS
6.1 Reports. Consultant .shall periodically prepare
and submit to the Contract Officer such reports concerning the
performance of the services required by this Agreement as the
Contract Officer shall require.
-5-
6.2 Records. Consultant shall keep such boOks and
records as shall be necessary to properly perform the services
required by this Agreement and enable the Contract Officer to
evaluate the performance of such services. The Contract Officer
shall have full and free access to such books and records at all
reasonable times, including the right to inspect, copy, audit and
make records and transcripts from such records.
6.3 Ownership of Documents. Ail drawings,
specifications, reports, records, documents and other materials
prepared by Consultant in the performance of this Agreement shall
be the property of Agency and shall be delivered to Agency upon
request of the Contract Officer or upon the termination of this
Agreement, and Consultant shall have no claim for further
employment or additional compensation as a result of the exercise
by Agency of its full rights or ownership of the documents and
materials hereunder. Consultant may retain copies of such
documents for its own use. Consultant shall have an unrestricted
right to use the concepts embodied therein.
6.4 Release of Documents. Ail drawings,
specifications, reports, records, documents and other materials
prepared by Consultant in the performance of services under this
Agreement shall not be released publicly without the prior written
approval of the Contract Officer.
7. ENFORCEMENT OF AGREEMENT
7.1 California Law. This Agreement shall be construed
and interpreted both as to validity and to performance of the
parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or matter arising out
of or in relation to this Agreement shall be instituted in the
Superior Court of the County of Orange, State of California, or any
other appropriate court in such county, and Consultant covenants
and agrees to submit to the personal jurisdiction of such court in
the event of such action.
7.2 Disputes. In the event of any dispute arising
under this Agreement, the injured party shall notify the injuring
party in writing of its contentions by submitting a claim therefor.
The injured party shall continue performing its obligations
hereunder so long as the injuring party cures any default within
thirty (30) days after service of the notice, or if the cure of the
default is commenced within ten (10) days after service ef said
notice and is cured within a reasonable time after commencement;
provided that if the default is an immediate danger to the haalth,
safety and general welfare, the Agency may take immediate action
under Section 7.5 of this Agreement. Compliance with the
provisions of this Section shall be a condition Precedent to any
legal action, and such compliance shall not be a waiver of any
-6-
party's right to take legal action in the event that the dispute is
not cured.
7.3 Waiver. No delay or omission in the exercise of
any right or remedy of a non-defaulting party on any default shall
impair such right or remedy or be construed as a waiver. No
consent or approval of Agency shall be deemed to waive or render
unnecessary Agency,'s consent to or approval of any subsequent act
of Consultant. Any waiver by either party of any default must be
in writing and shall not be a waiver of any other default
concerning the same or any other provision of this Agreement.
7.4 'Riqhts and Remedies are Cumulative. Except with
respect to rights and remedies expressly declared to be exclusive
in this Agreement, the rights and remedies of the parties are
cumulative and the exercise by either party of one or more of such
rights or remedies shall not preclude the exercise by it, at the
same or different times, of any other rights or remedies for the
same default or any other default by the other party.
7.5 Leqal Action. In addition to any other rights or
remedies, either party may take legal action, in law or in equity,
to cure, correct or remedy any default, to recover damages for any
default, to compel .specific performance of this Agreement, to
obtain injunctive relief, a declaratory judgment or any other
remedy consistent with the purposes of this Agreement.
7.6 Liquidated Damages. Since the determination of
actual damages for any delay in performance of this Agreement would
be extremely difficult or impractical to determine in the event of
a breach of this Agreement, the Consultant and its sureties shall
be liable for and shall pay to Agency the sum
of Dollars ($ ) as
liquidated damages for each working day of delay in the performance
of any service required hereunder. The Agency may withhold from
any monies payable on account of services performed by the
Consultant any accrued liquidated damages.
7.7 Termination Prior to Expiration of Term. The
Agency reserves the right to terminate this Agreement at any time,
with or without cause, upon thirty (30) days written notice to
Tonsultant, except that where termination is due to the fault of
nhe Consultant and constitutes an immediate danger to health,
safety and general welfare, the period of notice shall be such
shorter time as may be appropriate. Upon receipt of the notice of
~ermination, Consultant shall immediately cease all ser~.~ices
kereunder except such as may be specifically approved by the
3ontract Officer. Consultant shall be entitled to compensation for
all services rendered prior to receipt of the notice of termination
and for any services authorized by the Contract Officer thereafter.
7.8 Termination for Default of Consultant. If
termination is due to the failure ~= the Consultant to fulfill its
obligations under this Agreement, Agency may take over the work and
prosecute the same to completion bx, contract or otherwise, and the
Consultant shall be liable to the extent that the total cost for
completion of the services re~aired hereunder exceeds the
compensation herein st-ipulated, prgvided that the Agency shall use.
reasonable efforts to mitigate damages, and Agency may withhold any
payments to the Consultant for the purpose of set-off or partial
payment of the amounts owed to Agency.
7'.9 Attorneys Fees. If either party commences an
action against the other party arising out of or in connection with
this Agreement or it subject matter, the prevailing party shall be
entitled to recover reasonable atsorneys' fees and costs of suit
from the losing party.
8. CITY OFFICERS AND EMPLOI~ES; NON-DISCRIMINATION
8.1 Non-Liability of Zity Officers and Employees. No
officer or employee of City shai' be personally liable to the
Consultant, or any successor-in-interest, in the event of any
default or breach by the City or for any amount which may become
due to the Consultant or its suscessor, or for breach of any
obligation of the terms of this Agreement.
8.2 Covqnant Aqainsn Discrimination. Consultant
covenants that, by and for itself, its heirs, executors, assigns,
and all persons claiming under or tkrough them, that there shall be
no discrimination or segregation in the performance of or in
connection with this Agreement re~arding any person or group of
persons on account of race, color, creed, religion, sex, marital
status, national origin, or ancestry. Consultant shall take
affirmative action to insure the5 applicants and employees are
treated without regard to their rase, color, creed, religion, sex,
marital status, national origin, cr ancestry.
9. MISCELLANEOUS PROVISIONS
9.1 Notice. Any nosice, demand, request, consent,
approval, or communication either party desires or is required to
give to the other party or any other person shall be in writing and
either served personally or sent ky pre-paid, first-class mail to
the address set forth below. Eitker party may change its address
by notifying the other party of tke change of address in writing.
Notice shall be deemed communicates forty-eight (48) hours from the
time of mailing ~ mailed as prov-ied in this Section.
To Agency:
CITY OF TUSTIN COMMUNITY REDEVELOPMENT AGENCY
15222 Del Amo Avenue
Tustin, CA 92680
Attention: Assistant City Manager
, Community Development
(Contract Officer)
To Consultant:
Katz Hollis
865 South Figueroa ....
Suite 1300
Los Angeles, CA 90017-2543
9.2 Inteqrated Aqreement. This Agreement contains all
of the agreements of the parties and cannot be amended or modified
except by written agreement.
9.3 Amendment. This Agreement may be amended at any
time by the mutual consent of the parties by an instrument in
writing.
9.4 Severabilit¥. In the event that any one or more
of the phrases, sentences, clauses, paragraphs, or sections
contained in this Agreement shall be declared invalid or
unenforceable by valid judgment or decree of a court of competent
jurisdiction, such invalidity or unenforceability shall not affect
any of the remaining phrases, sentences, clauses, paragraphs, or
sections of this Agreement, which shall be interpreted to carry out
the intent of the parties hereunder.
9.5 Corporate Authority. The persons executing this
Agreement on behalf of the parties hereto warrant that they are
duly authorized to execute this Agreement on behalf of said parties
and that by so executing this Agreement the parties hereto are
formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the dates stated below.
"Agency"
Dated: CITY OF TUSTIN COMMUNITY
REDEVELOPMENT AGENCY
APPROVED AS TO FORM:
By:
Christine Shingleton
Assistant City Manager
Community Development
James G. Rcurke
City Attorney
"Consultant"
Katz Hollis
By:
Allan A. Robertson
Principal
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EXHIBIT "A"
PROPOSAL and SCOPE OF SERVICES'
Attached hereto are:
1)
Consultant's Proposal and Scope of
Work and Budget.
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KatzHollis
Redevt~lopmenf
~on~ultonts
$65 South Figueroa
Suite 1300
Los Angeles, CA
90017-2543
(213) 629-3065
Socramento
(? 16} 448-5295
July 20, 1993
Ms. Christine Shingleton
Director of Community Development
City'of Tustin
1522 Del Amo
Tustin, California 92680
Dear Ms. Shingleton:
Thank you for requesting Katz Hollis to submit this proposal for services in connection with the
Redevelopment Plan adoption for the proposed Marine Corps Air Station Redevelopment Project.
PROBLEM STATEMENT AND APPROACH
The City of Tustin has undertaken a substantial planning effort to prepare for the conversion of the Tustin
Marine Corps Air Station from military to civilian uses upon its closure in 1996. This effort includes
economic, planning, engineering, financial and environmental studies. To assist with the preparation of
development sites after conversion, the City through its Redevelopment Agency, desires to adopt a
redevelopment project covering the portion of the base scheduled for conversion. Katz Hollis has been
requested to submit this proposal to assist the Agency in this process.
With the above points in mind, the approach we propose for the plan adoption is to provide our services in
two separate, distinct categories: 1) services related to the preparation of plan adoption documents
(Document Preparation Services), and 2) services related to advising and assisting Agency staff in
processing documents and coordinating the plan adoption proc. e. ss (Administrative Coordination Services).
PROPOSED SCOPE OF SERVICES
Document Preparation Services
We propose to provide all documents required in the plan adoption process except the EIR/EIS which
would be prepared by another consultant. The required documents to be prepared by Katz Hollis are as
follows:
Minor Documents
* Schedule of Actions
o Preliminary Plan
o Taxing Official and Affected Taxing Agency Notices
o Owner Participation and Preferences Rules
* Resolutions, Notices, Adoption Ordinan_ce -
.
Major Documents
* Redevelopment Plan
o Preliminary Report
Report to ~ity Council
Thc above minor and major documents arc described in detail in Attachment 1.
5498.lus/l
072¢~93,'sc
KatzHolli$
Ms. Christine Shingleton .
City of Tustin
July 20, 1993
Page 2
Document Preparation Services will include a maximum of ten staff-person visits to Tustin for data
gathering and report presentation purposes. Two of these visits will be required for the joint public hearing
on adoption of the Redevelopment Plan.
Administrative Coordinntion Sera'ices
As nexessary, Katz Hoilis will provide advice and assistance required to guide the plan adoption process
through to a successful conclusion. Such advice and assistance will consist of a. ny of the following:
Scheduling - Continuous monitoring of the adoption process as compared to actions and
dates identified in the schedule of actions: assisting City/Agency staff and legal counsel to
keep on schedule and to adjust scheduled action dates when desired or necessary; and
preparing periodic updates of the Schedule of Actions.
Meetings - Attending meetings, for presentation or information resource purposes,
exclusive of the meetings included in Document Preparation Services.
3~
Community Participation - Advising and coordinating City/Agency staff in the development
of information relating to the proposed amendment and the ddoption process, as well as
planning and coordinating public information meetings and public hearings.
.
Notice Mailing and Publication - Advising and coordinating City/Agency staff in the
placement of required legal notices for publication, the preparation of mailing lists, the
mailing or distribution of notices, and the preparation of affidavits of mailing and/or
delivery.
o
Fiscal Review Committee/Affected Taxing Agency Consultations - Assisting with fiscal
review committee matters and affected taxing agency consultations, including attendance at
meetings, preparing analyses of pass-thrOugh agreement scenarios, drafting or reviewing
memoranda of understanding and pass-through agreements, and preparing the Agency's
written response to the report of the fiscal review committee. (Which will generally based
on the previously prepared response to the fiscal review committee report contained in Part
XII of the Agency's Report to City Council.)
.
ReportfFransmittal Preparation - Advising and ex)ordinating City/Agency slaff in the
preparation of transmittals and staff relx3rts accompanying adoption documents submitted
to the Agency, City Council, or Planning Commission.
.
Document Review - Upon request and as necessary for plan adoption purposes, reviewing
and commenting upon documents prepared by City/Agency staff, other consultants, or
others, including-the EIR/EIS.
o
Document Re-Drafts - Re-drafting documents prepared under Document Preparation
Services after a final draft has been approved by City/Agency staff and/or legal counsel.
o
Public Hearing - Planning and coordinating staff and consultant presentations at the joint
City Council/Redevelopment Agency public hearing on adoption of the proposed plan, and
preparing written responses to written objections to adopting the plan received from
affected taxing agencies and property owners prior to, or at thc joint public hearing.
KatzHollis
Ms. Christine Shingleton
City of Tustin
July 20, 1993
Page 3
10.
Other - Providing any other advice and/or assistance regarding plan adoption policies and
procedures as may be necessary or desired.
TIME REOUIRED
.
The detailed Schedule of Actions 'to be prepared as the initial step in the plan adoption proce~ will
establish action dates for all adoption activities and documents. Documents which are Katz Hollis'
responsibility will be prepared and delivered in accord with the action dakes contained in the approved
Schedule of Actions. The target date for completion of all amendment adoption activities will be
approximately 11 months from commencement (July, 1994) depending on the time required to prepare,
circulate and approve the EIR/EIS as well as the length of the taxing agency consultations/fmc, al review
process. Achievement of this schedule will involve and is partially dependent upon the actions of entities
other than Katz Hollis, some of which will be identified in the detailed Schedule of Actions. The fee
schedule set forth in this proposal contemplates completion of all services no later than December, 1994.
PROPOSED COMPENSATION
Compensation for Document Preparation Services will consist of a series 'bf fixed fees per document,
cumulatively totaling $38,900. These proposed fees are set forth in Attachment 2 to this proposal.
We would like to have Administrative Coordination Services be payable in accord with the following hourly
rate schedule; however, this would involve amending our current general services contract. If amending our
contract to update our rate schedule would create a problem for you or the Agency Board, we are prepared
to go with the hourly rates contained on our current contract. The proposed new hourly rates are as
follows:
Principals
Senior Associates
Associates
Senior Analysts
Analysts
Research Analysts
Secretarial/Administrative
$140 per hour
$120 Per hour
$ 95 per hour
$ 85 per hour
$ 65 per hour
$ 55 per hour
$ 40 per hour
Adr,'finistrative Coordination Services, if provided at our the above rates, are estimated to range from
$20,000 to $25,000, depending upon the level of araistance needed and the ultimate length of the adoption '
process. If our current rates are used, the foregoing range would be approximately six percent lower.
Related out-of-pocket expenses incurred in the provision of services will be reimbursable l l0 percent of
cost. Such expenses are estimated not to exceed $3,500. - - -
It is proposed that maximum compensation payable under a contract or budget pursuant to this proposal be
limited'to $67,400 for services and expenses, as shown on Attachment 2. In the event that the pot:ions of
such limit attributable to Administrative Coordination Services (:5;25,000) and out-of-pocket expenses
($3,500) are insufficient to cover all such services and expenses as may be required to complete tee plan
adoption process, a mutually agreeable amendment to increase such limits would be required. Both
Document Preparation Services and Administrative Coordination Services will be invoiced monthly.
KatzHollis
Ms. Christine Shingicton
City of Tustin
July 20, 1993
Page 4
Invoices will include a summary of charges to date for Administrative Coordination Services and expenses
to facilitate monitoring of cumulative amounts.
CITY/AGENCY ASSISTANCE
In addition to the assumptions listed in the first section of this proposal, this proposal further assumes that
the EIR/EIS, the boundary map and legal description and any other documents not the responsibility of
Katz Hollis will be timely prepared by City/Agency staff, legal counsel or anot. her consultant.
This proposal also assumes that reasonable City/Agency staff assistance will be available in locating and
securing information pertinent to the documents to be prepared by Katz Hollis, which information may be
located in City/Agency files or reasonably available through City departments and staff.
Finally, this proposal assumes timely review by City/Agency staff and/or legal counsel of all documents
prepared by Katz Hollis which require such review.
Any computer program developed or implemented by 'Katz Hollis in the provision of services under an
agreement pursuant to this proposal, or jointly by Katz Hollis and the City or,Agency, shall be the exclusive
property of Katz Hollis.
QUALIFICATIONS AND EXPERIENCE
Katz Hollis has accumulated many years of experience and a broad technical knowledge of the California
plan adoption process. Since 1979, Katz Hollis has been involved in 30 feasibility studies for redevelopment
plan adoptions, and has assisted 50 communities in the preparation and adoption of over 80 redevelopment
plans and amendments. We have assisted clients in the full range of plan adoption services starting in the
initial stages when considering an area for redevelopment, through actual plan formation and adoption.
We have addressed the needs of our clients at varying levels and stages of technical assistance, depending
on the client's desires. For further explanation of our qualifications and services, please refer to
Attachment 3, Statement of Qualifications.
We appreciate the opportunity to submit this proposal, which shall remain in effect for 60 days from the
date hereof. We are available at your convenience to answer any questions you may have.
Yours Very Truly,
KATZ JiOLLIS
, ",,',..
Allan A. Robertson
Principal
Attachments:
Attachment 1, Major and Minor Documents
Attachment 2, Proposed Fee Schedule
Attachment 3, Statement of Qualifications
KatzHollis
Attachment I
MAJOR AND MINOR DOCUMENTS
To Be Prepared By Katz Hoilis
Tustin Marine Corps Air Station Redevelopment Project
Tustin, California
MINOR DOCUMENTS
Schedule of Actions - A 15-20 page chronological listing of each step involved in the plan
adoption process. For each step (action) the responsible entity(ies) and the document(s)
involved, as well as the scheduled action date, are identified. The schedule is structured
and sequenced as necessary to comply with all Community Redevelopment Law and
CEQA requirements, to achieve the targeted adoption date, and to accommodate insofar
as possible the regular meeting dates of the involved city entities, including the City
Council, Redevelopment Agency, and Planning Commission.
Preliminary Plan - A generally brief (5-7 pages) document .a, dopted by the planning
commission to: 1) establish precise boundaries of the project area; and 2) serve as the basic
framework for preparation of the more detailed project redevelopment plan. This
document is required and defined by Sections 33322 through 33326 of the Community
Redevelopment Law.
o
Taxing Official and Affected Taxing Agency Notices - The plan adoption/amendment
process requires that certain taxing officials as well as the governing bodies of ~affected
taxing agenCies~ (those governmental entities who derive property tax revenues from
property located within the project area and who may be fiscally impacted by adoption of
the project) be identified and properly notified of the Redevelopment Agency's intention
to prepare a Redevelopment Plan. Later, copi~ of the proposed plan, the Preliminary
Report on the plan and the project EIR must be transmitted to these entities. When the
public hearing on the proposed Redevelopment Plan is scheduled they are notified, and
after the adoption is complete they are again notified. It is vitally important that all
affected taxing agencies be identified, and that proper notification procedures be followed.
.
Owner Participaiion and Preference Rules - A 5-8 page set of rules to be adopted by the,
Redevelopment Agency pursuant to Sections 33339 and 33345 of the Community
Redeveiopment Lax,,, to: 1) provide for participation in the redevelopment of the project
area by the owners of property within the project area, and 2) to extend reasonable
preference to persons engaged in business in the project area to reenter in business within
the redcveioped area if they otherwise meet the requirements prescribed by the
Redevelopment Plan.
.
5:;'S.tus/1 '
0- "?)3/sc
Resolutions, Notices, Adoption Ordinance - Numerous resolutions arc required to be
adopted by the Redevelopment Agency, City Council, and Planning Commission during
thc plan adoption process. These serve as physical evidence that all legal bases have been
touched, that proper procedure has been followed. Certain adoption actions involve
public meetings or hearings which must bc properly noticed both by mail and by
publication. Thc adoption ordinance must makc certain required findings, including blight,
KatzH011is
which must be supported by evidence in the record. All these documents will be carefully
· drafted to reflect appropriate legal requirements as well as the unique circumstances of the
project.
MAJOR DOCUMENTS
Redevelopment Plan - Primarily a legal document rather than an actual "plan", the
Redevelopment Plan is a 25-30 page document which describes project boundaries;
contains a statement of the goals and objectives of the project; outlines the
Redevelopment Agency's powers and authorities in implementing the plan; establishes
permitted land uses and rehabilitation and general development requirements; .identifies
public utilities, facilities and improvements to be provided, by the Agency which are
necessary or of benefit to the project; sets time limits on plan duration, establishment of
debt, and acquisition of property by eminent domain; sets limits on the amounts of bonded
debt and tax increment revenues; and addresses other provisions as may be needed or
desired.
o
Preliminary Report - A relatively new requirement added to the Community
Redevelopment Law in 1984, the Preliminary Report is in effect an early version of key
components of the Redevelopment Agency's later Report to City Council on the proposed
Redevelopment Plan. The .Preliminary Report is, along with the proposed plan and the
project EIR, transmitted by the Redevelopment Agency to eac~a affected taxing agency as
one of the initial actions in the adoption process. These documents provide preliminary
information on which the affected taxing agencies may determine whether the project may
have a fiscal impact upon them. The receipt of such documents triggers a 15-day period in
which any of the affected taxing agencies may call for the creation of a formal fiscal review
committee (composed of one representative from each such agency) to review and report
on the fiscal impact of the project. As defined by Section 33344.5 of the Community
Redevelopment Law, a Preliminary Report on a full plan adoption must contain the
following five components:
a) The reasons for the selection of the project area;
b)
A description of the physical, .social, and economic conditions existing in the
project area. [The so-called 'blight" report which describes project conditions in
terms of the blight criteria contained in Sections 33030, 33031 and 33032 of the
Community Redevelopment Law];
c)
A preliminary assessment of the proposed method of financing thc redevelopment
of the project area, including an assessment of economic feasibility with reasons for
including tax increment financing provisions in the proposed red2velopment plan;
d)
A description of the specific project or projects to bc pursued by the
Redevelopment Agency in the project area. [Thc purpose of this component is to
explain what the Agency intends to do within the project area- what
implementation activities such as land acquisition and disposition, demolition,
relocation, and rehabilitation it will use, and what public facilities :~nd
improvements it intends to provide]: and
e)
A description of how the project or projects to bc pursued by the redevelopment
Agency will improve or alleviate the blight conditions described in the blight
report.
2
KatzH011is
.
Part No.
II
III
The Preliminary Report will include photographs documenting observed blight conditions,
and will incorporate as needed the extensive data being compiled by the Marine Corps on
base physical and structural conditions. The finance section will contain estimated project
costs and revenues, on which the plan's tax increment and bond debt limits will be based,
and evidence of project financial feasibility, as required by the Community Redevelopment
Law. In preparing this report, Katz Hollis will rely in large part on the financial data being
prepared by Economics Research Associates in connection with the base reuse studies.
Report to City Council - When it submits a prolxased Redevelopment Plan to the City
Council, the Redevelopment Agency must also submit a 12-part report on the proposed
plan. The purpose of this report is to provide the information, documentation, and
evidence required by Community Redevelopment Law Section 33352 to assist the City
Council in its consideration of the proposed plan and in making the various determinations
it must make in connection with the adoption of the proposed plan. Certain parts of the
report are the responsibility of entities other than the Redevelopment Agency. Section
33352, however, requires the Agency to aggregate such documents as integral parts of its
report. Following is a listing of the 12 Parts of the Report to Council, along with'an
identification of the entities responsible for their preparation. All of Parts I, II, and III are
composed of components from the Preliminary Report prepared earlier in the process.
~ Responsible
Title Entity
The reasons for selection of the project area; 'a
description of the specific projects pro~' by the
Redevelopment Agency; a description of how such
projects will improve or alleviate the blight identified
m the blight report; and an explanation why the
elimination of blight and the redevelopment of the
project area cannot reasonably be expected to be
accomplished by private enterprise acting alone or by
the City Council's use of redevelopment financing
alternatives other than tax increment financing.
Redevelopment.
Agency
A description of the physical, social, and economic
conditions existing in the project area. [blight report]
.The proposed method of financing the project in
sufficient detail so that the City Council may
determine thc economic feasibility of thc plan.
Redevelopment
Agency
Redevelopment
Agency
A method or plan of relocation.
Redevelopment
Agency
An analysis of the Preliminary Plan adopted by the
Planning Commission for the project.
Redevelopment
Agency
Katzlt011is
Part No.
VII
VIII
IX
X
XII
Title
The. report and recommendations of the Planning
Commission on the proposed Redevelopment Plan;
and the report of the Planning Commission required
by Section 65402 of the Government Code respecting
implementation activities to be undertaken by the
Agency in the project area. ~.
Community participation summary.
The report required by Section 21151 of Public
Resources Code (Project EIR).
The report of the county fiscal officer on project base
year taxable values and other data required by Section
33328 of the Community Redevelopment Law.
The report of the fiscal review committee (if one was
created) on the fiscal impact of the project on the~
affected taxing agency members of the committee,
including evidence of any financial burden or
detriment mused by the project, and recommended
actions to be implemented by the Redevelopment
Agency which would alleviate or eliminate such
financial burden or detriment.
If the project area contained Iow or moderate income
housing, a neighborhood impact report which
describes the impact of the project upon the project
residents and the surrounding areas in terms of
relocation, traffic circulation, environmental quality,
availability of community facilities and services, effect
in school population and quality of education,
property assessments and taxes, and information on
the displacement and relocation of iow and moderate
income persons and lamilies.
An analysis of thc county fiscal officer's report; a
summary of the redevelopment agency's consultations,
or attempts to consult, with the affected taxing
agencies required by Section 33328 of Community
Redevelopment Law. [Note: this process is in
addition to any consultations which may occur through
the formal fiscal review committee process]; an
analysis of the report of the fiscal review committee, if
one was created; and thc redevelopment agency's
response to thc fiscal review committee rcport.
Responsible
Entity
Planning
Commission
Redevelopment
Agency
Redevelopment
Agency
County
F'k~cai
Officer
Fiscal
Review
Committee
Redevelopment
· Agency
[Note: since the
project does not
contain civilian low or
moderate income
housing, this Part XI
will not need to be
preparcd.]
Redevelopmenl
Agency
KatzHollis
ATFACItMENT 2
PROPOSED FEE SCIIEDULE
Tustin Marine Corps Air Station Redevelopment Project
Tustin, California
e
e
DOCUMENT PREPARATION SERViCES(1)
a. Schedule of Actions
b. Preliminary Plan
c. Redevelopment Plan
d. Preliminary Report
e. Taxing Agency ID, Notices
f. Report to City Council
g. Resolutions, Notices, Ordinance
h. Owner Participation and Preference Rules
Fee Upon Submission
Prelim. Draft Final Draft
$ 1,750 $75O
1,500 700
2,200 950
11,700 4,050
6,450 2,800
600 300
ADMINISTRATIVE'COORDINATION SERVICES
Schedule monitoring; meeting attendance;
fiscal review committee/taxing agency consul-
tations; community participation; EIR/EIS review/
coordination; report and transmittal preparation
or reviev< document re-drafts; public hearing
coordination; and procedural advice and
assistance (estimated; payable at hourly rates)
EXPENSES (Estimaled)
Graphics and reproduction costs; overnight mail
'and messenger service; properly tax roll acquisition
or reproduction; miscellaneous
(estimate: payable at 110 percent of cost)
TOTAL
Total Fee
$ 2,500
2,200
3,150
15,750
950
9,250
4,200 (2)
900
$38,900
$20,000 to 25,000 (3)
2,500 - 3.500 (3)
$67.400_
(~)
(2)
(3)
Includes :-:n Katz ltollis staff per.con visits to Tustin for data gathering and report prc.mntation
curp~s.
ax-able i7. ~onlhly installments, based on percentage of completion.
B~Jget es::m::te only; subject lo amendment if insufficient.
5498.tus/1
072093/sc
o
,
·
.
,
o
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EXHIBIT "B"
SPECIAL REQUIREMENTS
The "Force Majeure" provisions described in Section 3.3 are
hereby waived.
Section 6.3 is hereby amended to add the following: "Any
computer program developed or implemented by Katz Hollis in
the provisions of services under this agreement shall be the
exclusive property of Katz Hollis".
The "Liquidated Damages" provisions described in Section 7.6
are hereby waived.
The Consultant shall not release to the public or press any
information regarding the purpose/scope of services to be
accomplished or data specific to any project(s) and/or
delivery order issued under this Agreement without prior
authorization of the Contract Officer. All such information
is considered CONFIDENTIAL. All such inquiries made of the
Consultant shall be immediately referred to the Contract
Officer.
Consultant shall present to Agency certificates of insurance
and endorsement forms verifying that the Consultant has the
insurance as required by this agreement. Said forms shall be
reviewed and approved by the off~ce of the City Attorney of
the City of Tustin. A Certificate of Insurance Form is
attached.
If the Contract Officer determines that a product deliverable
is unaCceptable, either before or after a draft or final draft
is issued, because it did not conform to the specifications
set forth in the Agreement, the Consultant shall submit a
revised report or product at Consultants' expense.
Progress reports shall be submitted by Consultant when
requested by the Contract Officer. All progress reports must
be signed by the Consultant.
Consultant shall utilize those professional personnel and sub-
consultants to perform services required under this Agreement
as identified in Consultants' Proposal. No substitution shall
be made without the advance written approval of the Contract
Officer, after review of the proposed replacement's experience
and qualifications with a written explanation of the necessity
for the change. No increase in the compensation or
reimbursable salary rates will be allowed when personnel or
firm substitutions are authorized.
-12-
.
Consultant shall remove and replace project personnel or
subconsultants assigned to project who do not perform assigned
duties in a manner satisfactory to the Contract Officer.
10. Consultant shall be required to meet with Contract Officer of
the Redevelopment Agency to be necessary or desirable to
discuss progress-on the Scope of Work at Contract Officer's
direction.
!1. Field Investigations may be necessary. The Consultant shall
obtain all necessary field data and make site investigations
and studies necessary to the proper accomplishment of the work
required under this contract.
12. In performing the work under this Agreement, the Consultant
shall adhere to the following except as such requirements may
be modified by the Scope of Work.
A,
California Community Redevelopment Law
Special instructions or criteria issued by the Contract
Officer consistent with the scope of work.
13. The following is a list of anticipated copies needed of all
the document deliverables required by the Consultant's Scope
of Work as shown in Exhibit A. In addition to the copies
anticipated to be needed, the Consultant shall also provide
and assemble project notebooks for the staff (3 notebooks),
the City Attorney and Redevelopment Attorney (3 notebooks) and
the City Council (5 notebooks). Ail production costs are
projected to be reimbursable expenses as shown in Exhibit A.
DOCUMENT DELIVERABLES
NUMBER OF COPIES
Schedule of Actions
Draft 5
Final 10
Preliminary Plan
Screen Draft 10
Draft 10
Final 10
Camera ready Original 1
Taxing Agency Identification and Notice
Draft
Final List and Le%ter
Resolutions, Notices, Adoption Ordinance
Draft
Final Original
Owner Participation and Preference Rules
Screen Draft
-13 -
Draft
Final
Camera Ready Original
Redevelopment Plan
Screen Draft
Draft
Final
Camera Ready Original
Preliminary Report
Screen Draft
Draft
Final
Camera Ready Original
Report to Council
Screen Draft
Draft
Final
Camera Ready Original
7
25
1
10
10
5O
1
10
10
5O
1
10
10
50
1
-14-
EXHIBIT "C"
SCHEDULE OF COMPENSATION
I .
o
.
o
o
Compensation shall be a series of fixed fees per document as
well as actual time and materials for Administrative
Coordination Services and out-of-pocket expenses as shown in
Exhibit A, incorporated herein by reference.
Payments will be made monthly based on services provided as
sho~ in Exhibit A and additional administrative~-coordination
service costs and out-of-pocket expenses incurred. All
requests for payment shall be based on identified tasks in the
Scope of Work.
a .
The Consultant shall indicate on all monthly invoices the
tasks being billed against, the original budget amount
for that task, and the amount billed to date.
b o
Invoices, which identify costs for administrative
coordination services, shall also indicate the actual
hours worked, the billing rate, personnel classification,
hourly billable rate and the amount of fees being billed
for consultant personnel.
C o
All hours charged to the project for administrative
coordination services shall be supported at consultant's
office by detailed time sheets.
d o
All invoicing for administrative coordination services
shall be based on actual hours worked by an individual
times the fixed hourly rate for that individual and their
corresponding firms as specified by the Consultants'
Proposal. Actual hours shall be hours spent on assigned
project tasks.
Reccrds for all billings, payroll, consultant fees and direct
reimbursable expenses pertaining to the project shall be
mainuained on the basis of generally accepted accounting
prinriples and shall be available for inspection by the City
or tke City's representative at mutually convenient times.
Any special costs for necessary services such as field surveys
and ~nvestigations, computer data preparation and computing
sba-' be included in the maximum contract price for document
preparation, as shown in Exhibit A.
Addi-ional services and approved change orders shall be
comyansated based on those hourly rates shown in Exhibit A and
-15-
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
The schedule of performance for the scope of services outlined
in Exhibit A shall be agreed to in writing by the consultant
and Agency. The schedule for any additional services shall
also be agreed to in writing by both parties. The Consultant
shall prepare for approval of the Agency a list of all
identified tasks, actions and procedures and anticipated dates
for deliverables within 30 days of approval of this agreement.
CONSULT\agmtrad. KH